31988R3186

18 . 10 . 88 Official Journal of the European Communities No L 283/21

COMMISSION REGULATION (EEC) No 3186/88 of 17 October 1988 . introducing a countervailing charge on tomatoes originating in Spain (except the Canary Islands)

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Regulation (EEC) No 3811 /85 (*), the prices to be taken into consideration must be recorded on the representative markets or, in certain circumstances, on other markets ; Having regard to the Treaty establishing the European whereas it is necessary to multiply the prices with the Economic Community, coefficient fixed in Article 1 (2) (b) of Regulation (EEC) No 723/88 ;

Whereas, for tomatoes originating in Spain (except the Having regard to the Act of Accession of Spain and Canary Islands) the entry price calculated in this way has Portugal, remained at least 0,6 ECU below the reference price for two consecutive market days ; whereas a countervailing charge should therefore be introduced for these tomatoes ; Having regard to Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common organization of the Whereas, if the system is to operate normally, the entry market in fruit and vegetables ('), as last amended by price should be calculated on the following basis : Regulation (EEC) No 2238/88 (2), and in particular the — in the case of currencies which are maintained in rela­ second subparagraph of Article 27 (2) thereof, tion to each other at any given moment within a band of 2,25 % , a rate of exchange based on their central rate, multiplied by the corrective factor provided for in Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72 the last paragraph of Article 3 (1) of Council Regula­ provides that, if the entry price of a product imported tion (EEC) No 1676/85 (*% as last amended by Regula­ from a third country remains at least 0,6 ECU below the tion (EEC) No 1636/87Q, reference price for two consecutive market days, a coun­ —- for other currencies, an exchange rate based on the tervailing charge must be introduced in respect of the arithmetic mean of the spot market rates of each of exporting country concerned, save in exceptional circum­ these currencies recorded over a given period in rela­ stances ; whereas this charge is equal to the difference tion to the Community currencies referred to in the between the reference price and the arithmetic mean of previous indent, and the aforesaid coefficient, the last two entry prices available for that exporting country ; Whereas, pursuant to Article 136 (2) of the Act of Acces­ sion of Spain and Portugal (8), the arrangements applicable to trade between, on the one hand, a new Member State and, on the other, the Community as constituted at 31 Whereas Commission Regulation (EEC) No 723/88 of 18 December 1985, must be those which were applicable March 1988 fixing for the 1988 marketing year the before accession ; reference prices for tomatoes (3) fixed the reference price for products of class I at 45,73 ECU per 100 kilograms Whereas Article 140 (1 ) provides for a 6 % reduction in net for the period from 1 October to 20 December 1988 ; the countervailing charges applicable under Regulation (EEC) No 1035/72 during the third year after accession,

Whereas the entry price for a given exporting country is / equal to the lowest representative prices recorded for at HAS ADOPTED THIS REGULATION : least 30 % of the quantities from the exporting country concerned which are marketed on all representative Article 1 markets for which prices are available less the duties and the charges indicated in Article 24 (3) of Regulation (EEC) A countervailing charge of 6,03 ECU per 100 kilograms No 1035/72 ; whereas the meaning of representative price net is applied to tomatoes (CN code 0702 00) originating is defined in Article 24 (2) of Regulation (EEC) No in Spain (except the Canary Islands). 1035/72 :

Article 2 Whereas, in accordance with Article 3 (1 ) of Commission This Regulation shall enter into force on 19 October Regulation (EEC) No 211 8/74 (4), as last amended by 1988 .

(') OJ No L 118, 20. 5. 1972, p. 1 . 0 OJ No L 368, 31 . 12. 1985, p. 1 . 0 OJ No L 198, 26. 7. 1988, p. 1 . (<) OJ No L 164, 24. 6. 1985, p. 1 . 0 OJ No L 74, 19. 3. 1988, p. 51 . 0 OJ No L 153, 13. 6. 1987, p. 1 . 0 OJ No L 220, 10. 8 . 1974, p. 20. 0 OJ No L 302, 15. 11 . 1985, p. 9.

No L 283/22 Official Journal of the European Communities 18 . 10 . 88

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 17 October 1988 . For the Commission Frans ANDRIESSEN Vice-President